Simplifying the Small Estate Process in Ontario: A Guide by Desiree King

by Désirée King

In Ontario, managing the estate of a loved one can be a complex and overwhelming task, especially when faced with the probate process. However, since 2021, there's been a significant change for small estates valued at less than $150,000.

As the founder of King's Downsizing & Estate Services, I'm here to steer executors away from potential problems and toward the professionals they need, ensure a smooth transition during this challenging time.

A small estate in Ontario is defined as one with a net value of less than $150,000. To determine the net value, assets should be valued as of the date of death, with any debts subtracted. It's important to exclude assets that wouldn't typically go through probate, such as properties with rights of survivorship and assets with named beneficiaries like RRSPs and life insurance policies.

Navigating the Small Estate Process:

If the estate qualifies as small, you can avoid the full probate process by following these steps:

1.  Prepare a Small Estate Application: This includes completing forms such as Application for a Small Estate Certificate, Request to File an Application, and Draft Small Estate Certificate.

2.  Notify Beneficiaries: Send copies of the application to all individuals entitled to share in the distribution of the estate, including charities and contingent beneficiaries.

3.  Submission to the Court: Once at least 30 days have passed since sending the copies, submit the application to the Superior Court of Justice in the county or district where the deceased lived. Include any probate fees with the application.

4.  Await Approval: The court will review the application and issue a finalized Small Estate Certificate, granting you authority to act on behalf of the estate.

5.  File Estate Information Return: Within 180 days of receiving the Certificate, file an Estate Information Return with the Ministry of Finance.

6.  Settle the Estate: Collect assets, pay debts, and distribute the remaining estate to rightful heirs, ensuring compliance with any Family Entitlements.

Handling a loved one's estate can be overwhelming, but with the right guidance and expertise, the process can be streamlined and manageable. If you're dealing with a small estate in Ontario, don't hesitate to reach out to King's Downsizing & Estate Services for personalized assistance.

Remember, you don't have to navigate this journey alone. Let us help you navigate the complexities of estate management with ease and confidence.

Désirée King
REALTOR®, Certified Executor Advisor (CEA)
416-333-8520

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"Empowering transitions, cherishing legacies. At King's Downsizing & Estate Services, we transform the complexities of change into journeys of compassion and preservation." - Desiree King

+1(416) 333-8520

desiree@kingsdownsizing.com

130 King St. W. Unit 1800B, M5X1E3, Toronto, Ontario, Canada

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